Suspect age bias? File charge

Jan. 27, 2011 12:00 AM

I'm a highly qualified professional with a specialized background. Recently, I interviewed for a key senior position, which I lost to a significantly younger man - not as well-rounded in our profession and definitely not as experienced. I was told this person "has flexible qualities that make him better suited to the job." I think it could be age discrimination. What do you think, and might I have any recourse?David Selden

The Cavanagh Law Firm
You could indeed have a claim for age discrimination.
The key question will be whether "flexibility" is truly a qualification for the job and whether the successful applicant better demonstrated the needed flexibility in his interview(s). If, however, the hiring personnel made up the "flexibility" excuse for not hiring you, that could be considered a pretext for concealing their true motive, which could be preference for a younger employee.
Furthermore, if they assumed that the younger person would be more flexible because they believe a stereotype that older workers are "set in their ways," that stereotype could also be evidence of age discrimination.
Your recourse is to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. Their Phoenix office is at 3300 N. Central, on the southwestern corner of Central and Osborn. It is free. You do not need an appointment or a lawyer.
They will interview you and help fill out the paperwork. They will then investigate your charge for free, and they may invite the parties to try to reach a settlement. You may file a lawsuit, but an EEOC charge is a first required step.
Lonnie Williams Jr. Quarles & Brady
Under both state and federal law, employers are prohibited from discriminating against employees and applicants for employment based on their age.
To bring an age-discrimination claim, you must be over 40 years old. You also must prove that you were qualified for the job, that you did not get the job or lost your job, and that a substantially younger worker with equal or inferior qualifications was treated more favorably, or in your case, a younger person got the job.
If you can prove these, the employer has an opportunity to show that it had a valid reason for the decision to hire or treat the younger employee more favorably. For example, there may be something in the younger applicant's background that you are not aware of that tipped the scale. If the employer can satisfy that burden, then you must prove that the employer's reason is not true.
This is a complicated and difficult burden for an applicant to meet. The good thing is there are state and federal agencies (Equal Employment Opportunity Commission and the Arizona Civil Rights Division) to aid you in investigating such a claim. Based on their investigation, you might have more information on whether you should pursue a lawsuit against the potential employer.
- Compiled byPatricia BathurstSend questions to asktheexperts1 @gmail.com or Ask the Experts, 200 E. Van Buren St., Phoenix, AZ 85004.